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s_jud_2017a_2017-02-06t13:32:52z0 Hearing Summary

Date: 02/06/2017

Location: SCR 352

Final

BILL SUMMARY for SB17-012



SENATE COMMITTEE ON JUDICIARY


Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment A). The motion p

Refer Senate Bill 17-012, as amended, to the Commi
Pass Without Objection

PASS







01:32 PM -- SB17-012



Senator Gardner, chair, called the committee to order. Senator Martinez Humenik, prime sponsor, presented Senate Bill 17-012, concerning competency restoration services for defendants deemed incompetent to proceed. Senator Martinez Humenik summarized the bill and explained its need. She received a question concerning the increase in FTE in the Department of Human Services. Ms. Kerry White, Legislative Council Staff, came to the table to answer the question. Senator Martinez Humenik commented on the cost of the bill. She also responded to a question concerning review of a juvenile's case under the bill.



01:41 PM --
Ms. Camille Harding, chair of the Mental Illness in the Criminal Justice System Task Force (task force), testified in support of the bill. She provided background on the task force, and explained the need for the bill.



01:43 PM --
Ms. Sheri Danz, Deputy Director of the Office of the Child's Representative (OCR) and chair of a task force subcommittee, testified on the bill. Ms. Danz explained the genesis of the bill, including the reasons that adults, in addition to juveniles, are covered by the bill. She stated that OCR supports the legislation. She commented on the subcommittee's work, and previewed upcoming testimony.



01:46 PM --
Ms. Kathleen Dwyer, representing Disability Law Colorado, testified in support of the bill. She discussed lawsuits against the Department of Human Services (DHS) concerning evaluations covered by the bill. She responded to questions concerning assumptions made in the fiscal note.



01:49 PM --
Ms. DeAnn Major, representing The Arc of Adams County, testified in support of the bill. She discussed the inclusion of persons with developmental disabilities in the bill, and circumstances that such individuals face in the justice system. She also discussed her experience with restoration of developmentally disabled individuals in the community.



At the request of Senator Fields, Senator Martinez Humenik commented on the inclusion of persons with developmental disabilities in the bill, including identifying language in the bill that she believes would cover such individuals. Discussion continued on that point. At the request of the bill sponsor, Ms. Jane Ritter, Office of Legislative Legal Services, came to the table to comment on whether persons with developmental disabilities are included within the provisions of the bill.



01:58 PM --
Mr. Tariq Sheikh, representing the 17th Judicial District Attorney's Office and the Colorado District Attorneys' Council, testified in support of the bill. He introduced Ms. Lynn Gomez.



01:59 PM --
Ms. Lynne Gomez, representing herself, testified in support of the bill. She commented on a personal experience involving a crime against her son where the accused was found to be incompetent to stand trial.





02:02 PM



Mr. Sheikh testified to the committee about Ms. Gomez's situation, and his reasons for supporting the bill.



02:05 PM --
Dr. Patricia Westmoreland, representing the Colorado Psychiatric Society, testified in support of the bill. She stated that the County Sheriffs of Colorado supports the bill. Dr. Westmoreland explained the process for restoring competency for certain individuals through inpatient services, and stated that not all of those required to receive inpatient services require that level of treatment in order to restore competency.



02:08 PM --
Ms. Karen Knickerbocker, task force member, and representing the Office of the State Public Defender, testified in support of the bill. She commented on earlier testimony concerning the effect of the bill on developmentally disabled persons, and discussed circumstances for persons covered by the bill. Ms. Knickerbocker also commented on prior legislation relating to competency evaluations. She commented on additional changes she would like made to the law.



02:13 PM --
Ms. Christine Thornton and Ms. Dani Diercks Farrell, representing the OCR, testified in support of the bill. Ms. Thornton commented on specific sections of the bill and how they would relate to cases in which she is currently involved.



02:17 PM --
Ms. Farrell discussed children who are deemed incompetent to proceed, and the options available for such children. She stated how the existing system affects children.



02:19 PM --
Dr. Patrick Fox, Chief Medical Officer for DHS, testified in support of the bill. He stated that DHS supports the bill to protect due process rights, to comply with a DHS settlement concerning competency services, to lessen the impact that hospitalization has on juveniles, and because it represents sound fiscal policy.



02:22 PM --
Ms. Moe Keller, representing Mental Health Colorado, testified in support of the bill. Ms. Keller discussed her experience on the task force, and spoke favorably of prior testimony in support of the bill. She further stated that this bill addresses a civil rights issue for both the accused and for the victim of a crime. Ms. Keller commented on the fiscal impact of the bill.





02:25 PM



Senator Martinez Humenik provided closing remarks on the bill and asked for the committee's support. She distributed amendment L.002 (Attachment A).



17SenateJud0206AttachA.pdf17SenateJud0206AttachA.pdf

BILL: SB17-012
TIME: 02:28:34 PM
MOVED: Kagan
MOTION: Adopt amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Coram
Fields
Kagan
Cooke
Gardner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection





Senator Gardner explained his position on the bill.

BILL: SB17-012
TIME: 02:29:03 PM
MOVED: Cooke
MOTION: Refer Senate Bill 17-012, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Coram
Yes
Fields
Yes
Kagan
Yes
Cooke
Yes
Gardner
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS














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